Terms of service

Last modified: 20 May, 2025

1. Applicability.  
1. These standard terms and conditions of sale (these "Terms") are the only terms that govern the sale of the goods ("Goods") by Minnesota Ice Sculptures, LLC ("Seller") to the buyer specified in the Purchase Order, Sales Order Confirmation or Invoice ("Buyer"). 
2. The accompanying confirmation of sale or invoice from Seller (the "Sales Confirmation") and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer's general terms and conditions, and which Seller specifically rejects, of purchase regardless of whether or when Buyer has submitted its Purchase Order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.
2. Delivery.  
1. The goods will be delivered within a reasonable time after the receipt of Buyer's Purchase Order, subject to availability of finished Goods. Seller shall not be liable for any delays, loss, or damage in transit.
2. Unless otherwise agreed in writing by the parties, Seller shall deliver the Goods to Seller’s facility (the "Delivery Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery of the Goods within 3 days of Seller's written notice that the Goods have been delivered to the Delivery Point. Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point.
3. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's Purchase Order.
4. If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Seller's notice that the Goods have been delivered at the Delivery Point, or if Seller is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage, and insurance).
3. Non-Delivery.  
1. The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
2. Except as stated in Section 3(c), the Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence).
3. Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
4. Quantity. If Seller delivers to Buyer a quantity of Goods that may be more or less than the quantity set forth in the Sales Confirmation, Buyer shall not be entitled to object to or reject the Goods or any portion of them by reason of the surplus or shortfall and shall pay for such Goods the price set forth in the Sales Confirmation adjusted pro rata.
5. Shipping Terms. Delivery shall be made FCA Seller’s facility, unless agreed and stated otherwise in a Purchase Order and Confirmation.
6. Title and Risk of Loss; Security Interest. Title and risk of loss pass to Buyer upon delivery of the Goods at the Delivery Point. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title, and interest of Buyer in, to, and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Minnesota Uniform Commercial Code.
7. Amendment and Modification. These Terms may be amended by Seller at any time and in its sole discretion.
8. Inspection and Rejection of Nonconforming Goods.  
1. Buyer shall inspect the Goods upon receipt ("Inspection Period"). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. "Nonconforming Goods" means only the following: (i) product shipped is different than identified in Buyer's Purchase Order; or (ii) product's label or packaging incorrectly identifies its contents. 
2. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller's facility as directed by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer's shipment of Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 
3. Buyer acknowledges and agrees that the remedies set forth in Section 8(b) are Buyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 8(b), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.
9. Price. 
1. Buyer shall purchase the Goods from Seller at the price(s) (the "Price(s)") set forth in Seller's Invoice. Due to fluctuating prices for labor, raw materials, energy, and other items, the Price may be increased by Seller before delivery of the Goods to Buyer, then these Terms shall be construed as if the increased prices were originally inserted herein; and Buyer shall be billed by Seller on the basis of such increased prices. 
2. All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes. 
10. Payment Terms.  
1. Except for Buyers that are on credit terms with Seller, cash or other immediately available funds is due on delivery.  Standard credit terms include Buyer shall pay all invoiced amounts due to Seller NET 7 days of Seller's invoice and shall make all payments by wire transfer, check, credit card, or other immediately available funds and in US dollars. Seller may refuse to offer credit terms or terminate any existing credit terms at any time and in its sole discretion.
2. Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods or ancillary services if Buyer fails to pay any amounts when due hereunder.
3. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller's breach, bankruptcy, or otherwise.
11. Limited Warranty.  
1. Seller warrants to Buyer that upon the delivery of the Goods to the Delivery Point, that such Goods will materially conform to the specifications set forth in the Invoice and will be free from material defects in material and workmanship. 
2. SELLER MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 
3. Products manufactured by a third party ("Third Party Product"), including without limitation any Ice Merchandiser or freezer, may constitute, accompany, contain, be contained in, incorporated into, attached to, or packaged together with, the Goods. Third-Party Products are not covered by the warranty in Section 11(a).   
4. The Seller shall not be liable for a breach of the warranty set forth in Section 11(a) unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within 30 days of the time when Buyer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer's claim that the Goods are defective.
5. The Seller shall not be liable for a breach of the warranty set forth in Section 11(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.  BUYER AND ANY END USER SHALL DETERMINE THE SUITABILITY OF THE GOODS FOR ITS INTENDED PURPOSED.  SELLER MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE GOODS IN ANY SPECIFIC APPLICATION OR FOR ANY SPECIFIC PURPOSE.
6. Subject to Section 11(d) and Section 11(e) above, with respect to any such Goods proven defective during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller.
7. THE REMEDIES SET FORTH IN SECTION 11(F) SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(A).
12. Limitation of Liability.  
1. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
2. IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD UNDER THE SPECIFIC INVOICE. 
13. Waiver. No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
14. Confidential Information. All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller's request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
15. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Buyer to make payments to Seller), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
16. Assignment. Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.
17. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
18. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
19. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Minnesota, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota, USA or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota, USA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
20. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Minnesota, USA in each case located in the City of Minneapolis, Minnesota USA and County of Hennepin, Minnesota USA, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
21. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
22. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
23. Termination. In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement immediately upon written notice to Buyer, if Buyer: (a) fails to pay any amount when due under this Agreement; (b) has not otherwise performed or complied with any of these Terms, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
24. Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Limited Warranty, Limitation of Liability, Indemnification, Compliance with Laws, Waiver, Force Majeure, Confidential Information, Governing Law, Submission to Jurisdiction, Survival, and Section 27.
25. Exclusivity. Seller shall be Buyers’s exclusive supplier of Goods or Packaged Ice during the Term unless Seller provides notice to Buyer in writing that Seller is unable to meet the ongoing purchase needs of Buyer in a commercially reasonable manner. Buyer acknowledges that the pricing offered to Seller for Goods or Packaged Ice is contingent upon the exclusivity commitment that Buyer is making to Seller.  If, during the Term, Buyer breaches the covenant of exclusivity made in this section, Buyer acknowledges and agrees that: (i) all pricing reverts to standard list pricing; and (ii) Seller may to pursue legal relief in the form of a claim for damages, an injunction, or any other remedy available to Seller.
26. Indemnification. Buyer shall indemnify, defend, and hold harmless Seller, its directors, officers, employees and agents, or any of them, harmless from and against any and all claims, liabilities, penalties, actions, lawsuits, awards, damages, losses, settlements, costs, expenses and fees (including reasonable attorneys' fees) (collectively, “Claims”), related to or arising out of the (i) negligent or willful acts or omission of Buyer; (ii) Buyer’s subsequent use or sale of Goods; and (iii) Goods in the care, custody, or control of Buyer or at Buyer’s location(s).  
27. Specific Terms for Packaged Ice and Ice Merchandisers. 
1. In addition to the other provisions and sections of these Terms, the following terms of Section 26 apply specifically for Packaged Ice products and purchasers and Ice Merchandisers.
2. As used in this Section 26, “Packaged Ice” means ice products packaged in bulk; “Ice Merchandiser(s)” means the retail refrigeration asset at a location of Buyer.
3. Seller will supply and maintain an Ice Merchandiser(s) at Buyer’s location(s); provided however, only Minnesota Ice Packaged Ice will be stored and maintained in all Ice Merchandisers, and Buyer will purchase a sufficient quantity of Packaged Ice to warrant the placement of Seller assets. Seller reserves the right to terminate the supply of Packaged Ice to Buyer and remove any Ice Merchandiser immediately upon breach of these Terms. Upon termination of service for any reason, Seller will immediately remove all Ice Merchandiser(s) at your location(s). In the event Seller is unable to remove any Ice Merchandiser(s) from any location (due to theft, loss or any other reason), the Buyer shall immediately pay to Seller the replacement cost of a new Ice Merchandiser(s). If your location cancels or requests us to remove a merchandise within 18 months of installation of the Ice Merchandiser, Buyer must pay the removal fees in effect at the time of termination.
4. For any modifications to or customized installation requirements to an Ice Merchandiser; Buyer will pay the costs and expenses of Seller, which are due immediately.
5. In many cases, Buyers contact Seller for specific short-term Ice Merchandiser use for construction projects and/or special events. For short-term placements, which are placements of less than 12 months, Buyer will pay Seller separately for installation and rental as part of the short-term placement package. Buyer will pay any additional fees and expenses to install the Ice Merchandiser.
6. Seller reserves the right to utilize Buyer-owned Ice Merchandiser(s) for the advertising of third party products. Such advertising may or may not result in a payment to the Customer for their cooperation. 
7. The price for the Packaged Ice delivered to the Buyer is subject to change and may vary from time to time in Seller’s sole discretion.
8. Packaged Ice is a consumable food product. As such, no refunds or credits will be issued for unsold Packaged Ice. Seller will not be responsible for lost or damaged product once a delivery has been completed.
9. Seller reserves the right, in its sole discretion, to assess a fuel, delivery, or other charges on deliveries. 
10. Seller may, but is not obligated to, schedule the Buyer for automatic routed delivery or as a “Call-in” account.  For a “Call-in” account, Buyer must contact Seller when a delivery is needed.
11. For automatic routed deliveries, Seller will set delivery frequencies based on a schedule determined by forecasted ice consumption at the Buyer’s location. Such forecasts will vary based on weather and other factors including holidays. Seller will receive information regarding the Customer's store hours and open delivery days. While Seller will make all attempts to meet delivery date preferences, Seller reserves the right to make deliveries as necessary. Delivery frequencies would adjust based on consumption patterns and time of year.
12. For Call-in Buyers or automatic routed Buyers who may be low on stock, orders may be placed by calling the Seller’s Customer Service Support Line. Seller will attempt to meet your request as soon as possible, but under normal circumstances, within two (2) Business Days. Business Days are defined as days where Seller locations are open and able to run routed deliveries. Under high demand conditions, Seller’s customer service representative may inform Buyer of longer than expected delivery times. Additionally, Buyers in remote locations may be subject to longer delivery lead times.
13. In the event Buyer needs Packaged Ice delivered before the end of the second Business Day, Buyer may be charged the current expediting fee. Expedited delivery is subject to, and limited by, availability of Packaged Ice, transit times, availability of transportation services.
14. Packaged Ice is a consumable food product that is delivered in small quantities. Demand for Packaged Ice is highly variable especially in periods of peak summertime and holiday demand. Delivery cost is a major expense component and price driver. Once Seller stops at a Buyer’s location to make a delivery, the cost for the delivery is incurred regardless of whether Buyer buys Packaged Ice. Seller reserves the right to require minimum purchases for Packaged Ice delivery orders.
15. If, at the time of a normally scheduled delivery, the Ice Merchandiser has insufficient storage capacity to allow for a complete delivery (a “Partial Fill”), Seller may assess, and Buyer will pay, a Minimum Delivery Charge. The Minimum Delivery Charge is calculated as the greater of: the cost of a delivery if the number of bags sold would have filled the Ice Merchandiser capacity, or the actual number of bags delivered. Additionally, if the Partial Fill is the result of a falsely reported out-of-stock by Buyer, Seller may charge an Expediting Fee in addition to the Minimum Delivery Charge.
16. Repeated calls by Buyer for Packaged Ice resulting in Partial Fills or falsely reported out-of-stocks will result in additional delivery fees or the termination of service at the sole discretion of Minnesota Ice.
17. For Packaged Ice deliveries and sales, Seller will invoice Buyer for each delivery of Packaged Ice at time of delivery. Buyer will immediately pay for each delivery of Packaged Ice upon receipt of invoice. If you have been approved for extended payment or credit terms by Seller, Buyer will pay such invoice within the terms specified by the applicable credit agreement. Seller may issue extended payment or credit terms or revoke any extended payment or credit terms in its sole discretion and at any time. Late payments shall result in the assessment of a late charge equal to one and one-half percent (1 and 1/2%) per month on any outstanding balance, or the maximum amount of interest chargeable by law, whichever is more.
18. Buyer shall indemnify, defend, and hold harmless Seller, its directors, officers, employees and agents, or any of them, harmless from and against any and all claims, liabilities, damages, losses, settlements, costs, expenses and fees (including reasonable attorneys' fees), for injuries to, or death of, any persons and for loss of or damage to property based in whole or in part related to or arising out of the (i) negligent or willful acts or omission of Buyer; (ii) Buyer’s movement of or refusal to maintain any Ice Merchandiser; or (iii) any event or incident while the Ice Merchandiser is in the care, custody, or control of Buyer or at Buyer’s location(s).  The provisions of this paragraph shall survive termination or cancellation of any service to Buyer. 
19. Buyer will purchase and maintain, from a reputable insurance carrier, general liability insurance in the minimum amount of $2,000,000 (combined single limit).
20. Buyers may cancel any Packaged Ice delivery service upon 30 days prior written notification to Seller. Seller will remove any equipment on the property within 60 days after receiving the termination notice. Buyer will incur any expenses involved with the removal of any equipment and costs associated with returning it to Seller’s facility. Any damage incurred when removing the equipment is not the responsibility of Seller and will be billed to Buyer. Additionally, Seller is not responsible for any damage to Buyer’s location, product, etc., during the removal of the equipment. Buyer must follow the strict guidelines for removing the equipment that Seller has on-site. This may, but is not limited to, removing doors, clearing paths to ensure the equipment can be removed safely, and closing the store and or parking lot.
21. Before removing equipment, Buyer’s invoices must be paid in full and have a zero account balance with Seller. Seller will provide an estimate for the removal, at which point the customer must pay the estimated amount before the cancelation of service.
22. Buyer’s employees, customers, vendors, agents, or subcontractors must not move, repair, alter, or deface the Ice Merchandiser(s) or any Seller equipment.  Movement, repairs, alterations or defacing of the Ice Merchandiser or other Seller equipment may result in property damage, personal injury, or death. Seller is not responsible for any damages or injuries that may occur will be charged to Buyer directly if any damages occur to Seller’s equipment. Any leftover product will not be refunded to Buyer, and it is the responsibility of Buyer to have it removed before the pickup of the equipment. Any product left behind will be destroyed, and an additional disposal fee will be charged to Buyer and due immediately.